Coal mines in West Virginia and across the country are not in compliance with the MINER Act two years after Congress passed it.  MINER stands for Mine Improvement and Emergency Response Act.

United Mine Workers of America President Cecil Roberts says that finding, part of three recent reports including one from the Government Accountability Office last week, is not a surprise.  "Some of these things that are in these three reports are really things that, I think, many of us who are involved in this on a day-to-day basis have been aware of."

The other two reports come from the U.S. Senate Committee on Health Education Labor and the Department of Labor Office of the Inspector General.

"Part of the problem is with MSHA not moving fast enough to give direction to the industry," says Roberts of the content of those reports. 

Among other issues, the Government Accountability Office pointed out that many coal mines do not have the stocks of 96 hours of emergency oxygen required for each coal miner working underground.  Very few mines are equipped with the underground communications systems and miner tracking devices that are needed to comply with the MINER Act.

As part of it, MSHA has until June 2009 to require the tracking and communications systems.

Even if all of the technology is not available at this point, there are systems that Roberts says could be used on an interim basis.  "MSHA hasn't done everything that it could do here to expedite this process."

The MINER Act was approved quickly after 12 coal miners died at the Sago Mine in Upshur County and two coal miners were killed in an underground fire at Aracoma Coal's Alma Number One Mine in Logan County.  Both mine accidents happened in January 2006.